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High Court for State of TelanganaCRLP/17838/2025allowed no costs

Mohammed Minhaj v. The State Of Telangana,

2025-12-31K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.17838 of 2025 DATE: 31.12.2025 Between:

Mohammed Minhaj .... Petitioner/A-4 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

.... Respondent/Complainant

O R D E R

This Criminal Petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A-4 seeking enlargement on bail in connection with Crime No.356 of 2025 of Siddipet-III Town Police Station, Siddipet District. The offences alleged against the petitioner are under Sections 303(2), 317(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).

- 2 - 2.

The brief facts of the case are that, on 12.11.2025, the defacto complainant lodged a report with the police stating that on 06.11.2025 at about 06:00 hours, he kept his paddy of 40 kgs nearby Tollgate road. On 07.11.2025, when he came to paddy bags at about 08:00 hours, he found 09 bags were missing, which is worth of Rs.8,600/- and he immediately informed the same to his son and also his tractor battery is also missing, which cost about Rs.4,000/-. Hence, he requested for necessary action. Based on the said complaint, the police registered a case for the above said offences. 3.

Heard Sri Santosh Pawan Babu, learned counsel appearing for the petitioner and Sri E. Ganesh, learned Assistant Public Prosecutor appearing for the respondent-State. 4.

The contention of learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he is working under accused No.5 and accused No.5 was also granted bail, who is the owner of this crime business, and there are no specific allegations against the petitioner herein and he is in jail since 27.11.2025. Therefore, he prayed this Court to grant bail to the petitioner.

- 3 - 5.

On the other hand, the learned Assistant Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, on the ground that, the petitioner herein is the habitual offender and there are total 8 crimes pending against the petitioner herein and the investigation is not yet completed and prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it is evident that the petitioner is in jail since 27.11.2025. As recorded in the remand case diary, the prosecution witnesses LWs.1 to 9 have already been examined including the investigating authority and further, allegation against the petitioner herein is that the petitioner is working under accused No.5 and accused No.5 was already granted bail by this Court. Considering the overall facts and circumstances of the case, including the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to grant bail to the petitioner/accused No.4, subject to the following conditions: i.

The petitioner/accused No.4 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Principal

- 4 - Judicial First Class Magistrate, at Siddipet.

ii.

The petitioner/accused No.4 shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner/accused No.4 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date: 31.12.2025 TU

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.17838 OF 2025 DATE : 31.12.2025 TU